Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective

Original Sheet No. 276 Original Sheet No. 276

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(5) names, addresses, and telephone numbers of bank references;

 

(6) disclosure of past or pending bankruptcy or other similar state or federal

proceedings, outstanding judgments or pending claims or lawsuits that could affect the solvency of

Requestor;

 

(7) written confirmation that Requestor is not operating under any chapter of the

Bankruptcy Code and is not subject to liquidation or debt reduction procedures under State Laws, such

as an assignment for the benefit of creditors, or any informal creditors' committee agreement.

Transporter may make an exception for a Requestor who is a debtor in possession operating under

Chapter XI of the Federal Bankruptcy Act if Transporter is adequately assured that the service billing

will be paid promptly as a cost of administration under the Federal Court's jurisdiction;

 

(8) a list of owners and/or shareholders of Requestor, if Requestor is privately held; and

 

(9) any other data Requestor desires to submit that would assist Transporter in

determining creditworthiness.

 

(b) Transporter may waive the requirements of all or any part of Section 3.3 on a nondiscriminatory

basis. A Requestor that is an existing Shipper on Transporter's system shall not be required to provide the

information required by Section 3.3(a) in order to make a new request for service, provided, however, that

Transporter may require an existing Shipper to furnish any information necessary to make a creditworthiness

determination with respect to that Shipper/Requestor's new request for service.

 

(c) In lieu of submitting all or any part of the data required by this Section 3.3, a Requestor that

has submitted such data to Transporter within the past twelve months may certify that all or any part of such

data has not changed in any manner material to creditworthiness and update items that have materially changed.

 

3.4 Advance Determination of Creditworthiness. A Requestor shall submit the data required in this Section

3, at least 15 business days before bidding for or requesting new or increased service for an advance

determination of creditworthiness by Transporter.

 

3.5 Deficient Requests. Transporter shall promptly notify a Requestor whose request for service has been

rejected because of Requestor's failure to satisfy the provisions specified in this Section 3. Such notice

shall identify the deficiencies that must be corrected in order to make a valid request to Transporter.

 

3.6 Material Changes. If any information provided by Requestor pursuant to this Section materially

changes, Requestor shall provide Transporter with prompt written notification of such changes. Requestor is

required to provide written notice to Transporter within two (2) days of filing a report (other than an annual

or quarterly report) with the Securities and Exchange Commission ("SEC") or other equivalent foreign

regulatory body that Requestor is required to file as a result of a material event or corporate change

affecting its financial condition. That notice shall include a general description of the nature and reason

for the filing and to the extent that report is not available electronically, Requestor shall provide

Transporter with a copy of the report. Requestors that are not subject to SEC reporting requirements, but

have a parent that is, shall comply with respect to any such filings by their parent.

 

3.7 Denial of Requests. Transporter may reject any request for service from a Requestor that fails to meet

Transporter's creditworthiness requirements unless Requestor provides assurance of payment as provided in

Section 3.8 below. Where service is requested under rate schedules under which Requestor could use

Transporter's gas, including Rate Schedules SIT, NTS, NTS-S, GTS, AS, IPP and PAL. Transporter may consider

the quantities which Requestor could owe Transporter and/or the value of any imbalance owed Transporter in

determining the level of service for which Requestor is creditworthy. Grounds for rejection shall include,

but shall not be limited to, Requestor's failure (a) to show that Requestor's obligations are being paid in a

timely manner, or (b) to provide reasonable assurance that Requestor will be able to continue to pay its

obligations in the future.